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Home My WebLink About66-00 ,� • • RESOLUTION NO. 66-00 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR CONSERVATION EASEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND LANDS OF SCHNEIDER WHEREAS,the City Council of the Town of Los Altos Hills has read and considered that certain Agreement for Conservation Easement("Agreement") between the Town and Bella Schneider. NOW, THEREFORE, the City Council of the Town does RESOLVE as follows: 1. Public interest and convenience require the Town of Los Altos Hills to enter into the Agreement described above. 2. The Town of Los Altos Hills hereby approves the Agreement and the Mayor is hereby authorized on behalf of the Town to execute the Agreement between the Town of Los Altos Hills and Bella Schneider. PASSED AND ADOPTED this 7th day of September , 2000. yor (r. ATTEST: City Clerk N:\DATA\Clients\L\LAH\Projects\Schneider\Cons-Eas-agm.RUT • DOCUMENT: 15402 Titles: 1 / Pages: 7 IIIIIFees. . . .. No Fees Taxes. . . This Document is Recorded Copies. . For the Benefit of the e015 0237AMT PAID Town of Los Altos Hills And is Exempt from Fee BRENDA DAVIS RDE # 008/013 Per Government Code SANTA CLARA COUNTY RECORDER 9/26/2000 Sections 6103 and 27383 Recorded at the request of 10:52 AM City When Recorded, Mail to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk AGREEMENT FOR CONSERVATION EASEMENT This Agreement is made and entered into this f? day of 1 , 2000, byand between Bella Schneider ("Owner") and the Town of Lo Altos Hills, a municipal corporation, ("Town"). RECITALS - A. Owner is the owner of certain real property in the Town of Los Altos Hills • commonly known as 24708 Olive Tree Court and more particularly described as Lot 22, as shown on that certain Map of Tract No. 2958 Olive Tree Hill, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on May 2, 1961, in Book 132 of Maps, Pages 12 and 13. B. Town has adopted a General Plan and, pursuant thereto, may accept grants of conservation and open space easements on privately owned lands lying within the Town. C. Town finds this conservation easement to be consistent with the Town's General Plan and in the bestinterest of the Town. D. Owner and Town desire to limit the use of a portion of the property described above by dedication of a conservation easement in order to reduce potential adverse impacts on such land including grading,vegetation removal, and erosion, recognizing that such land is essentially unimproved and if retained in its natural state has substantial scenic value to the public and that the preservation of such land as open space constitutes an important physical, social, aesthetic and economic asset to the Town and the Owner. 1 N:\DATA\Clients\L\LAH\Projects\Schneider\Conserv-Eas.AGM • • NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions set forth herein and the substantial public benefits to be derived therefrom, do hereby agree as follows: 1. Grant of Conservation Easement. Owner, as grantor, hereby grants a conservation easement to the Town of Los Altos Hills, a municipal corporation, County of Santa Clara, State of California, over the real property described and shown in Exhibits A and B, attached hereto (the "Property"), to have and to hold said conservation easement for the term and for the purposes and subject to the conditions, covenants and exceptions described herein. 2. Statutory Authorization.This Agreement and grant of conservation easement are made and entered into pursuant to Civil Code Sections 815 through 816 and Chapter 6.6 commencing with section(51070)of Part 1, Division 1,Title 5 of the Government Code. This Agreement is subject to all of the provisions of said sections and chapter including any amendments thereto which may hereafter be enacted. 3. Restriction on Use of Property. During the term of this Agreement and the conservation easement granted herein, the Property shall not be used for any purpose other than a conservation easement and those uses related to or compatible therewith. Owners, for the direct benefit of the Property described herein, hereby declares that the Property shall be subject to restrictive covenants running with the land which shall be binding upon all subsequent grantees. Said restrictive covenants shall be: a. against the right of Owner to construct any improvements on or within the Property except for public and private utilities and paths dedicated to the Town, and an approved septic system, provided these reserved exceptions shall be consistent with the purposes of maintaining and preserving the natural or scenic character of the land;and b. against the extraction of natural resources or other activities which may destroy the unique physical and scenic characteristic of the land; and c. against the grading of land other than attendant to permitted uses;and d. against the cutting of vegetation, except as may be required for fire prevention, thinning, elimination of diseased growth, and similar measures; and e. against any plantings other than native vegetation; and f. against the erection of structures, other than lawful fences that meet Town specifications and allow for the free movement of wildlife. The City Council of the Town may authorize exceptions to the foregoing restrictive covenants, provided such exceptions are consistent with the purposes of law and not incompatible with maintaining and preserving the natural character of the land. 2 N:\DATA\Clients\L\LAH\Projects\Schneider\Conserv-Eas.AGM • • 4. Restrictions on Public Use. The public shall not have a right of entry upon the Property. The right of entry and surface use is limited solely to the Town, but only for the purpose of inspection of condition of the Property. 5. Term of Agreement. This conservation easement and Agreement shall be effective on the date of recordation of this Agreement and shall remain in effect in perpetuity, unless abandoned pursuant to Government Code Sections 51093 and 51094, or any successor legislation. 6. Successors in Interest. This Agreement and the conservation easement shall run with the Property and shall be binding upon an inure to the benefit of the heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement. OWNER Bella Schneider iii t) 1('OF •a .___ TOS -,• ._ Mayo/ City Clerk 3 N:\DATA\Clients\L\LAH\Projects\Schneider\Conserv-Eas.AGM • • STATE OF CALIFORNIA ) Sal f.(i A ) ss: COUNTY OF C_L_A meq. ) On -A(1Gua I VI? , 2000, before me, the undersigned Notary Public, personally appeared SELLA scHN I P (or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in their authorized capacity,and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and 01 seal. W.: LBERT SIU-YOUNG Signature -� COMM. SIU.TO 31 _�� NA" 8� NOTARY PUBLIC-CALIFORNIA �.. 1.4,:,_,,,,,.;*0- " ,:, SANTA CLARA CO.10Yk My Comm.Expires Apr.10,2402 STATE OF CALIFORNIA ) ) ss: COUNTY OF ) On , 2000, before me, the undersigned Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity,and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature 4 N:\DATA\Clients\L\LAH\Projects\Schneider\Conserv-Eas.AGM • • ( -CIVIC. �NGIN��pING Job No, 98-347 June 7, 2000 EXHIBIT"A" CONSERVATION EASEMENT 24708 Olive Tree Court, Los Altos Hills Beginning at the most westerly corner of Lot 22 of Tract 2958 as said lot is shown in book 132 of Maps at pages 12 & 13 of Santa Clara County Records, thence N 22°10'00" E, 245', along the northwesterly line of said parcel, thence leaving said line at a right angle S 67°50'00" E 44.33'; thence S 43°57'24" E 142.45' to the southeasterly line of said parcel 22; thence along the southeasterly line S 46°02'36"W 193.00'; thence along the southwesterly line of said parcel N 74°15'00" W 97.08' to the point of beginning. TS Civil Engineering.Inc. 90 North First Street,Suite 101,San Jose,CA 95113 Telephone:408.993.1800 Toll Free:888.327.7070 Fax:408.993.0662 www.lecivileng.com i • '---7 CVL \G \;�k \G --tall POB --_...__„ EXHIBIT VB V 5624 531 4/ 40.00• . V I I : i" — _ �_ TPOB • —N67'S0=0olir Ip; ,I. — x65.00'— ------ - �j CIV I FCAL Alr 30'I&E ESMT 0 I o0 An LOT 22 .� LANDS OF SCHNEIDER N S6750'00"E APN. 336-35-028 j cs ;44.33 ' I a �bf d A. S g2 S24 30•oo. J .f Ip' N Ni /J�i Q 7 C❑NSERVATI❑N EASEMENT 93/,,, O \\\ N P I /7/0t LOT 23 / // / CONSERVATION / // u. / SCALE: 1"=50' DATE:: 6-6-00 JN 98-437 TS Civil Engineering,Inc. 90 North First Street,Suite 101,Sin Jose,CA 95113 PROJECT: NEW RESIDENCE OWNER: Telephone:408.993.1800 - "" — FILE NO. 112-99—ZP—SD—GD SCHNEIDER Toll Free:888.327.7070 rt S74'15'00'E Fax:408.993.0662 97.08' ADDRESS: 24708 OLIVE TREE COURT www.tscivileng.com 1 O'PUE DRAWN: CNP CHK: TJS SHEET 2 OF 2